Advocate Girish Jayram

To start up while writing on this topic, would like to mention that an employer cannot decline to accept the resignation of an employee in view of the settled law. However, the Supreme Court has held that a resignation by an employee would, however, normally require to be accepted by the employer in order to be effective. It can be that in certain circumstances an employer would be justified. To explain this in an example, we can mention that, when an employee wants to leave in the middle of a work wherein his presence and participation are necessary, an employer can also refuse to accept the resignation, also when there is a disciplinary enquiry pending against the employee. In such a case, to permit an employee to resign would be to allow him to go away from the service and escape the consequences of an adverse finding against him in such an enquiry. There can also be other grounds on which an employer would be justified in not accepting the resignation of an employee. In o...

As per the amended provisions of Industrial Disputes Act, 1947 w.e.f. 15.09.2010, provide that every industrial establishment employee twenty or more workmen shall have one or more Grievance Redressal Committee as per norms which is given below for the resolution of disputes. 1.        The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen. 2.        The chairperson of the Grievance Redressal Committee shall be selected from the employer and from along the workmen alternatively on rotation basis every year. 3.        The total number of members of the Grievance Redressal Committee shall not exceed more than six, provided that there shall be, as far as possible, one woman member if the Grievance Redressal Committee has two members and in case the numbers of members are more than two, the number of women members may be increased proporti...

In one famous case, the Hon’ble Madras High Court has held that an employee rendering continuous service for a period of 240 days in a year, that is, the fifth year will be deemed to have continued in service for one year as stipulated under section 2A of Payment of Gratuity Act, 1972.  Accordingly, an employee who has put in his service for 10 months 18 days for the fifth year subsequent to first 4 years should be deemed to have completed continuous service of five years and is entitle to gratuity. The Hon’ble High Court also distinguished the earlier ruling of Hon’ble Andhra Pradesh High Court wherein it was held that an employee who has been worked for 4 years and 11 months and 10 days having not completed five years of service will not be entitled to gratuity. To get the supporting case law for this do write us on juristicsolution@gmail.com IMPORTANT:  Information in this blog is being provided as-is without any warranty/guarantee of any kind. ...

Casual workers have been rightly held to be entitled for gratuity by the Controlling Authority under the Payment of Gratuity Act, 1972. The order for which it has been upheld by the Appellate Authority, when the casual workers have been working for over two decades hence while dismissing the writ petition, as filed by the Southern Railway, the Hon’ble High Court also imposed cost to be paid to the contesting employees. To get the supporting case law for this do write us on juristicsolution@gmail.com IMPORTANT: Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at juristicsolution@gmail.com with your specific query or seek advice from qualified professional people. We encourage you to take steps to obtain the most up-to-date information...

------------------------------------------------------------------- IMPORTANT: Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at juristicsolution@gmail.com with your specific query or seek advice from qualified professional people. We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

Maternity benefit under ESI consists of periodical cash payments in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, to an insured woman as certified by a duly appointed medical officer or mid wife. Section 56 under ESI Central Rules 1950 mentions, " An Insured women (IW) shall be qualified to claim maternity benefits for a confinement occurring or expected to occur in a benefit period, if the contributions in respect of her were payable for not less than 70 days in the immediately preceding two consecutive contribution periods." To that effect, the normal contribution periods are April to September and October to March. There are two corresponding benefit periods also, viz. January to June and July to December. Any employee who becomes a member of ESI is eligible for benefits after around nine months of his/her admission. If date of delivery is in the month of July, she should have paid c...

Holidays to be observed in Central Government Offices during the year 2015 IMPORTANT:  Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at juristicsolution@gmail.com with your specific query or seek advice from qualified professional people. We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.